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tv   [untitled]    October 1, 2014 3:00am-3:31am PDT

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would not participate we'll have to go after all the hosts it choose to use the site they know their data won't be shared i'm talking about the number of nights i don't need to know the folks who stayed there but to make sure the bad negative outcome of home sharing is avoiding the bad once it will make a more positive activity we'll make it a better and stronger, you know, activity here in san francisco. >> i appreciate those comments we're definitely in agreement finding the most appropriate way to respect the privacy of our users but helps the city accomplish its objectives the
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ordinance requires hosts to keep he do not logs themselves that be presuming will i made available to the city in the event of an enforcement action that is currently in the legislation and let's taking a step back how this enforcement process works presumably the city works under the rules and regulations for the enforcement code would if made aware of a potential violation sends a letter to the property owner and stating they believe dollars a violation occurring and giving them a timeframe to respond to rectify the violation or prove it's not a violation and the burden is on the person who received the notice so rectify it or provide evidence there's no violation. if so city is not
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satisfied they move into the administrative enforcement action and germany don't want to speak on their on behalf of but w will rove those issues, however, if increase not an enforcement practices will move forward if it requires a subpoena to send to air b and b or another platform then that is part of the process that's what the city can do today those are the rules that occur that are in place for the city for the legislation and, sir there's a long line behind you we disagree on this but one last thing air b and b is not a platform for people to meet people it profits from the industry and as a
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company that makes money their accountable to the city to we have to make sure that the bad behavior is not taken place. thank you president chiu. >> i did have one question i know that a number of colleagues raised around the collection of taxes. i think everyone in the room agrees at the moment there's significant economic activity that's occurring on home sharing platforms platforms and yet the city is not seeing a progression at amount of taxes i'm sure you're aware of this is important to me, in fact, i refuted to introduce legislation until air b and b made a public commitment you public library committed you'll facilitate the collection and remittance of taxes percent a requirement for the online platforms and your
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platform still has not yet move forward with the technology to facilitate that if i could ask you for an update on what air b and b will help the city to collect taxes. >> we announced by this summer we'll have a procedure in collecting taxes. and where the preliminary obligation exists to collect hotel taxes whether on our platform we've been working diligently along with the city attorney and thank you to the city attorney's office this is a complicated go issue and it raise novel issues but i'm confident saying we're extremely close to working this out.
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>> all right. we'll look forward to that i'll mention i want to thank the city attorney's office and for the members of the public our city city treasurer on the website of the treasurers officer they have posted a number of documents to assist the members of the public that want to be in compliance with that and thank you jose and our office. >> thank you. >> i'm going to welcome back your former president of the board of supervisors. >> thank you, supervisor wiener and president chiu and supervisor kim. it's a pleasure to follow my predecessor i'm delighted to be part of an unlikely coalition that represents the hotel workers and
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owners and many other interests that are effected by this new phenomena in san francisco united states and indeed the world you'll hear and continue to hear about the thorn i didn't issues your wrestling what i'm here to he'd one of them that supervisor kim and supervisor chiu just put their fingers on i'll say different than what david said this issue is not new two years ago the elected treasurer jose had a rule making hearing which was bitterly opposed by air b and b mr. synnext year's the treasurer proposed it was even though duty of the platform to collect and remit and indeed it is rescued in supervisor chiu's legislation too years ago it feels like
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charlie brown and loucy they're not renot limited to by platform with all due respect supervisor david chiu's legislation does not do is pursue the issue the back taxes that are due and pay able to the san francisco. i would respectly suggest that most of the thorn i didn't issues your grappling with look at back taxes it's not a new issue it was made clear in 2012 typing to comment. >> thank you, sir. >> next speaker good afternoon, supervisors i'm president of the small property owners of san francisco we small property owners run small business owners if you want to
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run a can he recall enterprise you should operate in the following manner your businesses are licenses mostly thirty days or more rentals this is public record along with ownership and permit information we insist there are a public library open registry of open units being used if we want to change our properties we have to apply for a permit often we have to invite our neighbors between a block and allow them to come we insist that our tenants at a minimum receive written permission we carry insurance for specific buildings to protect in the event of fires and liability insurance to protect our insurance didn't protect the
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buildings and hotels yet if one of the tenant hotel guests gets hurt who will they sue if the hotel unit should so one million dollars of liability insurance. supervisor chiu's office said they'll not attempt to violate our leases, however, they've limited the landlord right to enforce the violation when we discover a platform of like this being used thank you for the opportunity. >> thank you very much. next speaker. . good afternoon. i'm jimmy live in the portal district 11. first of all, thank you supervisor chiu for taking on this issue it does need to be done but i think it needs to be done in a way that's
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constructive and in a way that shows this city and that board of supervisors supports this type of economic activity. i've heard a lot about regulation not so much about support. i'm retired so is my wife we've lived in the home we own for 20 years. about a year and a half our younger son moved out we also about the same time had a family emergency when cost us a lot of money. we had used air b and b as guests in 0 other cities in south and north america so we decided to try to rent out the space our son occupied. it has been excelling helpful we're retired and on a fixed income. i disagree with
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commenting support for the 90 day limit i'll not support that. i also 0 hope that, in fact, as time goes on this regulation of these rentals reaches a point so there's no possibility of questions. about insurance for homeowners and these for instance, in homeowner is situations if i lo lose our insurance you could be defacility on our mortgage i look forward to a positive support from this board of supervisors constructive regulation is what we need. thank you. >> thank you. next speaker. hello, i'm dennis i'm a homeowner in san francisco. i live with my wife i three children i run a creative agency
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and a small art gallery in downtown san francisco for the past four and a half years i've been an air b and b guest and use other home sharing platforms and stayed in dozens of apartments both in and outside the united states i became an air b and b host my reason was not financial it was to share a wonderful experience i've enjoyed there's some unique and special about home sharing the whole experience is like inviting a friend now as a host in san francisco i enjoy giving tours. but air b and b is not just about hospitality i started a new business based on air b and b platform i give tours.
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guests what purchase the art and if they choose as a souvenir or as a last minute present this is a new program and it is a wonderful way to help home sharing outside this hospitality. air b and b helps local small businesses like shopkeepers and laundry mats and tourists that would otherwise noted have this service it helps san francisco to grow. i definitely support regulation and will oppose 90 days because people round thanking their places for different reasons thank you very much. >> thank you very much. thank you, supervisors denver's as you
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colloquy between supervisor kim and the gentleman pointed out there is serious gaps in the legislation about the question about the number of cases that the unit is rent and the collection and remittance of taxes one minimum thing each person must report the number of days to the city of rentals and collect and remit taxes that have not been renot limited to by any of the post platforms. i think that would be in the direction of a true enforceable program. i think that that question along with the insurance question and other questions raised that have no answers yet point out we
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shouldn't be preceding with this legislation there are too many unanswered questions and gaps and too many things we don't know the answers to be able to proceed with the legislation that's responsible. this thing ought to be detailed so the questions raised by the supervisors have adequate responds to the questions thank you. >> next speaker and i was hoping that mr. chiu would be here i'm dave the president of the west highland association near monterey dlifld was the of twaerp for 5 terms. we have cc&rs. and i've been to many meetings but in all the years this air b and b short time rental is itself biggest scam whether their we are
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talking about talks about the breaking of laws and the breaking of insurance companies and residents. the proposed legislation is based on fraud please go back and listen to the planning supervisor commissioner sugaya that are talking about rewiring the commercial use as residential is a zoning change. there's or there's been a hundred year old planning rule when it effects the property outreach in the form of tursz must be duplicate now and then no one have been done. the alleyway breaking is endangering and ininconvenient the neighbors and the 3 ceos who, of course, is not here but their
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spokesperson david chiu is but please remember there's no new wealth the property sexually assaulting value and air banishing as he b is losing your property vail please don't have any part of this until it's vested properly. >> thank you very much. next speaker. . hi i jean in a i've been blessed to say i've lived in this beautiful city for 17 years i hope never to leave. i bought my home in north beach 13 years ago and put a lot of money into it uvenl i had to leave when i had my second child in order to get more space and not move to more and more run we have to pay a higher rate than with we could
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afford to make this work is to get into the air b and b business for the property we own. if you take that away from us on a year-round base it will do nothing. nothing for the people in our situation who have to use air b and b to stay in san francisco we'll building priced out of san francisco and have to sell our house and move the rents have been rising for years and to blame the high cost of renting on homeowners that are finding ways to stay in the city is unfair, short-sighted and doesn't solve the recommendation problem. doesn't solve the rental market problem it only pushes more proud san franciscans out of the city we
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love and care for, thank you. >> good afternoon, supervisors aim kevin the executive director of the hotel council in san francisco and also serve on the board of ethnic travel thank you supervisor chiu and supervisors in the planning department for your work it's a complex situation. >> thank you and our industry thanks you as well. one of the things we've talked about we know the treasurer did rule that the tax would have to be collected those taxes and occupancy tax supports the general fund it is the largest fund that supports the city services as grant for the art we want to 345ur as you work through this the regulations will help to understand what is using the system and the collection of taxes is equitable
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and brought into san francisco our visitors pay those taxes for the serviced within our services that helps our residents and businesses as well thank you for your work on the legislation. >> thank you. next speaker. >> hello, i'm chris i'm a bay area native a san francisco homeowner and small business owner in the castro i'm here speaking as a small business owner. i want to touch on economic a lot of people have spoken not benefits they've received from sharing their homes i think one the biggest problems we're facing in san francisco is the increased cost of living and thing that help people in the arts or people who are making the 6 figures to stay
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in san francisco is a great thing we should support but as a small business owner in the castro i'm being asked for places to stay there's not hotels only two or three very small number of rooms so allowing for home sharing and allowing people coming to the neighborhood provides an economic benefit myself and my employees that we wouldn't otherwise see or the visitors staying in do you only hotels so i support home sharing and howe hope you find a reasonable way for it to happen. >> thank you very much. next speaker. >> hi, i'm a constituent with meaning i live with my boyfriend and we share a room supervisor kim i want to disagree with our hosting of 90 days i rent my
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spare room for weeks and months i don't provide breakfast to my guests more seriously i don't eat breakfast but they're not guests their roommates. that is exactly how my hosting activities i simply use my home sharing platform is find roommates and don't prevent this is not i don't earn more money and doing this i'm filling a need. i mean none of my roommates are not brand new san franciscans and stay with a short time so is finding- when i had to look for a place i had to stay with a friend all the way in mountain view it took me over a moss month in 2011, i don't
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want to think about today. i'm pursuing proud to use my room to help new san franciscans join us in one of the best city's on earthy ask you to look at the 90 cap it's unfair and not an old legacy platforms and so finally, i'd like to denounce it is unneeded this registry liability is one of the issues me and my landlord-tenant you talked about i paid the 5 thousand dollars deposit thank you. >> hello, i'm andrew long a lymph gland i rent out agreements month to month does that make me part of the home sharing. i think the issue i really don't care in somebody
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rents out a spare room it in a home they own if you don't agree i don't care but you have a problem with people who are renting other people's property doing this without the landlords permission i think if someone is going to do this she should have the active participation of the lymph gland who's insurance t should be nullified quite honestly you can't adapt an animal in the city pound without the permission of the landlord they don't want new people owning pets to be evicted if you want to do something good for the tenants require them that 9 landlords have permission i the landlords should be able to say dpo no, because it could nullify their insurance and the
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proportional part of the residence the oishtsz some people are renting out their unit for longer than thirty days this is legal this is only for people renting for less than thirty days and why are you giving air b and b a free tax sxoot you required people to pay two years of back taxes for renting parking spaces you should require two years back taxes in order for people to register air b and b is a $10 billion company don't give them a free tax and. >> next speaker. >> peter i want to thank you very much supervisor wiener for saying we're not going to tinker
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with existing lease clauses i hope the amendment your proposed an amendment that will include the hoa or the what did you call the cc&rs when you're in a building with thirty units let's say and the building decided you're going to limit the short time rentals people coming and going this should be replaced as a clause disyou laughing subletting in a lease agreement and supervisor kim thank you for assisting the property owners be informed their tenant are going to be doing short term rentals i'll go one step further and prosper an amendment they have to get the permission from the lymph glands the owner of the
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building there's wear and tear on the building people are coming and going and making noisy think the owner of the building should know ahead of time to register you can't shop people from registering if you're lease agreement didn't law that but doing is in secrecy is in the right. >> i have a question maybe we both suggested but the landlord notification. proposal or possible meantime i guess the skew i know that small business owners and the homeowners association have advocated for permission but given the overwhelming majority the leases contain sub let clauses why do we require permission if the landlords have a way of easily
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knowing that short time leases is being entered into and they have that clause isn't that enough. >> i think if in the cases where is the leases contain subletting informing the landlords e.r. is oh, my goodness not necessarily having permission ahead of time will be all right but i beg to differ with you on the number of leases there are many, many leases are verbal or non-exist many of the rentals have no leases. >> i've heard on the landlord side of things there's an estimate between 75 and 85 percent of leases have a subletting clause there are older leases that may not be a lease no one can find it anymore
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and that's what i've been told i don't know if increase precise data their might be. >> we're not opposing this project but we want to make sure it's regulated in a way that's out in the open and property owners know what's going on in their building 1346 us in the rental unit have been stuck with people selling drugs and prostitution we want to know what's going on in the property we have a right to know. >> right. >> mr. chair, i have a comment. frail i want to point out when we introduced our legislation there was within the property owner world there was a lot of ironness rumors we were somehow changing the landlord tenant leases we want to make sure make sure the following language this
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legislation didn't confer or offer a residential unit for some use is not lauded by law a homeowners or rental agreement or any of the recreation or improbable agreement i want to enthused of authenticities we're not devolve into or changing the tenant lazy was speaking to the city attorney about the copy no time restrictions there's a prospective that carrie's are all right. incorporated negligence that will not override cc&rs but include the words cc&rs just like we're not going to impact the homeowners association agreements leases e.r. otherwise that's clear. the other things there's been a plate of horrible things will the


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